GeoVera Specialty Insurance Company v. Graham Rogers Inc et al

Filing 161

ORDER granting pltf's 157 Motion to Vacate the August 23, 2010 Order awarding attorney's fees and costs to Grahman Rogers 136 ; the Court will set a new trial date and pretrial deadlines in a separate scheduling order regarding the pending claims. Signed by Judge Susan Webber Wright on 6/28/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

GeoVera SPECIALTY INSURANCE
COMPANY

Plaintiff
VS.

GRAHAM ROGERS, ET AL.

Defendants

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NO: 4:08CV00163 SWW

ORDER
Plaintiff GeoVera Specialty Insurance Company (“GeoVera”) commenced this action
pursuant to the Court’s diversity jurisdiction against Graham Rogers, East Central Arkansas
Insurance, Inc. (“ECA”), and Jerry Reeves (“Reeves”). Pursuant to the Eighth Circuit’s mandate
entered May 24, 2011, the case is before the Court for resolution of Geovera’s breach of contract
claim against Graham Rogers. Additionally, in reply to the Court’s order entered June 6, 2011,
Graham Rogers states that it will proceed with its cross-claims against ECA and Reeves and its
third-party complaint against GeoVera Specialty Insurance Services, Inc., which were previously
dismissed without prejudice as moot.1 Accordingly, these claims, along with Geovera’s breach

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Regarding the cross-claims against ECA and Reeves, Graham Rogers asserts that
Arkansas law recognizes a right to indemnity based on a contract implied by law. Regarding the
third-party complaint against GeoVera Specialty Services, Inc., Graham Rogers correctly notes
that its third-party complaint seeks indemnity based on a service agreement it entered with the
third-party defendant.

of contract claim against Graham Rogers, remain for resolution. The Court will set a new trial
date and pretrial deadlines in a separate scheduling order.
The case is also before the Court on GeoVera’s unopposed motion to vacate the August
23, 2010 order awarding attorney’s fees and costs to Graham Rogers. The motion (docket entry
#157) is GRANTED, and the order awarding fees and costs (docket entry #136) is hereby
VACATED.
IT IS SO ORDERED THIS 28TH DAY OF JUNE, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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